Chapter
Evolution of Sex Offender Registration and Notification Legislation
Federal Role in Sex Offender Registration and Notification
DOJ HAS DETERMINED THAT 19 OF 56 JURISDICTIONS HAVE SUBSTANTIALLY IMPLEMENTED SORNA; OTHER JURISDICTIONS REPORTED POLITICAL WILL AND LEGAL BARRIERS AS CHALLENGES
DOJ Has Determined That 19 Jurisdictions Have Substantially Implemented SORNA and Another 17 Have Implemented More than Half of the Act’s Requirements
Jurisdictions Reported Several Challenges in Implementing SORNA
STAKEHOLDERS REPORTED IMPROVEMENTS IN JURISDICTIONS’ ABILITY TO SHARE INFORMATION AND MONITOR OFFENDERS BUT HAD MIXED VIEWS ON EFFECTS ON RESOURCES AND SEX OFFENDERS
Few Studies on the Effects of SORNA
Stakeholders Reported Both Positive and Negative Effects as a Result of Implementing SORNA
PERSPECTIVES ON POSITIVE EFFECTS OF SORNA
Perspectives on Negative Effects of SORNA
A Comprehensive Study by NIJ on SORNA’s Effects Should Help Address Research Gaps on the Law’s Impact
APPENDIX I. OBJECTIVES, SCOPE, AND METHODOLOGY
APPENDIX II. SORNA SUBSTANTIAL IMPLEMENTATION CHECKLIST TOOL
APPENDIX III. DEVIATIONS ALLOWED BY THE SMART OFFICE IN JURISDICTIONS THAT HAVE SUBSTANTIALLY IMPLEMENTED SORNA
APPENDIX IV. SORNA REQUIREMENTS MET BY NONIMPLEMENTED JURISDICTIONS THAT SUBMITTED COMPLETE IMPLEMENTATION PACKAGES FOR SMART OFFICE REVIEW
APPENDIX V. CHALLENGES TO IMPLEMENTING SORNA REPORTED BY SURVEY RESPONDENTS FROM NONIMPLEMENTED JURISDICTIONS
APPENDIX VI. DEPARTMENT OF JUSTICE WRITTEN GUIDANCE ADDRESSING CHALLENGES WITH SUBSTANTIALLY IMPLEMENTING SORNA
APPENDIX VII. U. S. MARSHALS SERVICE INVESTIGATIONS AND U.S. ATTORNEYS’ OFFICES PROSECUTIONS OF SORNA VIOLATIONS
Chapter 2 FAILURE TO REGISTER AS A SEX OFFENDER: A LEGAL ANALYSIS OF 18 U.S.C. 2250∗
Obligation to Register and Maintain Registration
Registration Requirements
Federal Qualifying Offenses
Military Qualifying Offenses
Specified Offenses Against a Child Under 18
Crimes with a Sex Element
Juvenile Adjudications and Foreign Convictions
Knowing Failure to Register
CONSTITUTIONAL CONSIDERATIONS
Cruel and Unusual Punishment
Spending for the General Welfare
Separation of Powers: Non-Delegation
Chapter 3 SEX OFFENDER REGISTRATION AND NOTIFICATION IN THE UNITED STATES: CURRENT CASE LAW AND ISSUES∗
I. OVERVIEW OF US SEX OFFENDER REGISTRATION1
A. Registration is a Local Activity
B. Federal Minimum Standards
C. National Sex Offender Public Website
D. Federal Law Enforcement Databases
F. Federal Law Enforcement and Investigations
II. WHO IS REQUIRED TO REGISTER?
III. REGISTRATION OF JUVENILE OFFENDERS
IV. RETROACTIVE APPLICATION & EX POST FACTO CONSIDERATIONS
V. OTHER CONSTITUTIONAL ISSUES
VI. COMMUNITY NOTIFICATION
VIII. RESIDENCY RESTRICTIONS